TERMS OF USE AND PRIVACY POLICY
This policy was last modified on September 7, 2025.
This website and any sub-domains, mobile versions, applications, email or newsletter communications, and online services (collectively, the “Site”) are owned and operated by OpalKadia Kapital LLC (“OpalKadia”), a Wyoming limited liability company, with principal business operations conducted for the Site by Austin Moss in Kansas City, Missouri. References to “we,” “us,” or “our” mean OpalKadia and, where applicable, its affiliated ventures and brands, including The Austin Moss Show and Capital Collaboration LLC (“Capital Collaboration”).
By accessing or using the Site, you represent that you have the right, authority, and capacity to enter into this legally binding agreement consisting of these Terms of Use and the Privacy Policy (together, the “Agreement”). If you are under the age of 18, your parent or legal guardian must read, understand, and agree to this Agreement on your behalf before you access or use the Site. If you do not agree to this Agreement, or have not obtained a parent or legal guardian’s consent where required, do not access or use the Site. In no event may you access or use the Site if you are under the age of 13. Your continued access to or use of the Site constitutes acceptance of this Agreement.
1. Changes to the Site and to this Agreement
We may modify, suspend, or discontinue the Site, in whole or in part, at any time in our sole discretion, with or without notice, and without liability to you or any third party. We may also revise this Agreement at any time. Revisions become effective upon posting to the Site with an updated “Last Modified” date. Any access to or use of the Site after posting constitutes your acceptance of the revised Agreement. No modification is binding on us unless in a writing signed by a duly authorized representative of OpalKadia.
2. Term and Termination
This Agreement remains in effect while you access or use the Site. We may terminate this Agreement, and/or suspend or terminate your access to the Site, at any time and for any reason or no reason, without notice or liability. Upon termination, your right to access or use the Site ceases immediately and you must discontinue all use. Sections of this Agreement that by their nature should survive termination, including but not limited to Sections 3 through 16, shall survive.
3. License and Site Content
Subject to this Agreement, we grant you a limited, revocable, nonexclusive, nontransferable, personal license to access and use the Site for lawful, personal, and non-commercial purposes. All content appearing on or made available through the Site— including text, audio, video, podcasts, images, graphics, software, code, compilations, “look and feel,” and all intellectual property rights therein (collectively, “Content”)—is owned by or licensed to us and protected by copyright, trademark, and other laws. Except as expressly permitted by this Agreement or by prior written consent, you may not copy, reproduce, distribute, modify, adapt, translate, create derivative works from, publicly perform or display, transmit, publish, sell, license, reverse engineer, decompile, or otherwise exploit the Site or the Content, in whole or in part. You may not use any automated means, including bots, robots, spiders, or scrapers, to access, monitor, or copy the Site or Content. All proprietary notices must be preserved on authorized copies.
4. User Conduct and Prohibited Activities
You agree not to submit, post, transmit, or otherwise make available via the Site any material that you know or reasonably should know is false, inaccurate, or misleading; that infringes or misappropriates any copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other proprietary right; that violates any law or regulation, including export control, consumer protection, anti-discrimination, or advertising laws; that is defamatory, obscene, harassing, hateful, or otherwise objectionable; or that contains viruses, malicious code, or other harmful components. You further agree not to interfere with or disrupt the Site, to avoid imposing an unreasonable or disproportionate load on our infrastructure, not to forge headers or manipulate identifiers, not to attempt to access the Site after access has been terminated, and not to create, modify, or use any marks or indicia confusingly similar to “Austin Moss,” “The Austin Moss Show,” “OpalKadia Kapital,” or “Capital Collaboration.” You agree to promptly notify us of suspected violations and to cooperate with any investigation.
5. Third-Party Links and Services
The Site may contain links to or integrations with third-party websites, services, platforms, or content (collectively, “Third-Party Services”). Third-Party Services are not under our control. We do not endorse and are not responsible for Third-Party Services, their content, policies, or practices. Your use of Third-Party Services is at your own risk and is governed by the applicable third party’s terms and privacy policy.
6. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; TO THE EXTENT SUCH LAWS APPLY, THE FOREGOING EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPALKADIA, AUSTIN MOSS, THE AUSTIN MOSS SHOW, CAPITAL COLLABORATION, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “AM PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, ANY AM PARTY IS FOUND LIABLE TO YOU, THE AGGREGATE LIABILITY OF ALL AM PARTIES FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID US, IF ANY, FOR THE SITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; TO THE EXTENT SUCH LAWS APPLY, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.
8. Indemnification
You agree to defend, indemnify, and hold harmless the AM Parties from and against any and all claims, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of this Agreement, your violation of law or third-party rights, your content or data you submit, or your use of the Site. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
9. Notices and Electronic Communications
We may be required to provide you with notices or disclosures by law. You consent to receiving such notices electronically by posting on the Site or by email to an address you provide. If your contact information is inaccurate, you may not receive notices; we are not responsible for your failure to receive them.
10. Governing Law, Venue, and International Use
This Agreement is governed by the laws of the States of Kansas and Missouri, without regard to conflict-of-law rules. You agree that any dispute arising from or relating to this Agreement, the Site, or the Content shall be brought exclusively in the state or federal courts located in Johnson County, Kansas or Jackson County, Missouri, at the choice of the plaintiff, and you hereby consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum. The Site is controlled and targeted to users in the United States. You are responsible for compliance with local laws, and we make no representation that the Site is appropriate or available outside the United States. You may not use the Site if you are subject to U.S. sanctions or on any U.S. government restricted party list.
11. Entire Agreement; Assignment; Severability; Waiver
This Agreement constitutes the entire agreement between you and us regarding the Site and supersedes all prior or contemporaneous understandings. You may not assign or transfer this Agreement without our prior written consent; we may assign this Agreement without restriction. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force. Our failure to enforce any provision is not a waiver of future enforcement.
PRIVACY POLICY
This Privacy Policy describes how we collect, use, disclose, and protect information in connection with the Site. By using the Site, you consent to the practices described herein. We may update this Privacy Policy from time to time; changes are effective upon posting with the “Last Modified” date above.
12. Information We Collect
We collect information you provide directly, such as name, email address, phone number, professional or business information, and any content you submit through forms, inquiries, or newsletter sign-ups. We automatically collect certain information when you use the Site, including IP address, device and browser type, operating system, referring URL, pages viewed, access times, and general location derived from IP address. We use cookies, pixel tags, software development kits, and similar technologies to recognize your browser or device, remember your preferences, and analyze engagement. Third parties may also collect information about your online activities over time and across websites when you use the Site, subject to their own privacy policies.
13. How We Use Information
We use information to operate, maintain, and improve the Site; to provide and personalize content; to process inquiries, subscriptions, and communications; to send administrative messages, newsletters, and marketing communications (where permitted or with consent); to perform analytics, debugging, and fraud prevention; to develop new features and services; to comply with legal obligations; and for any other purpose disclosed at the time of collection or with your consent.
14. Sharing and Disclosure
We may share information with service providers that perform services on our behalf, such as hosting, analytics, email delivery, marketing, security, and customer support; with affiliates and related ventures; with partners in connection with co-branded content, events, or promotions; in response to legal process or regulatory requests; when we believe disclosure is necessary to protect rights, property, or safety; in connection with a corporate transaction such as a merger, acquisition, financing, or sale of assets; and otherwise with your consent or direction. We do not sell personal information as “sale” is defined under applicable law.
15. International Transfers
The Site is operated in the United States. If you access the Site from outside the United States, you acknowledge that your information may be transferred to, stored, and processed in the United States where data protection laws may be different from those in your country. We will take steps reasonably designed to protect your information consistent with this Privacy Policy.
16. Data Security
We implement commercially reasonable technical and organizational measures designed to protect information from unauthorized access, disclosure, alteration, or destruction. No method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
17. Data Retention
We retain information for as long as necessary to fulfill the purposes described in this Privacy Policy, including to comply with legal, accounting, or reporting requirements, resolve disputes, and enforce agreements.
18. Children’s Privacy
The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected such information, we will delete it. If you believe a child has provided personal information to us, please contact us using the information below.
19. “Do Not Track”
Your browser may offer a “Do Not Track” (DNT) signal. The Site does not currently respond to DNT signals. You may control certain tracking technologies through browser settings and industry opt-out tools, recognizing that such choices are device and browser specific.
20. Your Choices and Rights
You may unsubscribe from marketing emails by using the opt-out link in those messages. You may disable or delete cookies through your browser settings; certain features of the Site may not function properly if cookies are disabled. Depending on your jurisdiction, you may have rights to request access to, correction of, or deletion of your personal information, to object to or restrict processing, or to request data portability. To exercise rights, contact us as set out below. We will respond consistent with applicable law.
21. California Notice (CCPA/CPRA)
If you are a California resident, subject to verification and certain exceptions, you may request to know categories of personal information we have collected, sources, purposes, and categories of third parties with whom we share information; request access to specific pieces of personal information; request deletion; correct inaccurate information; and limit the use and disclosure of sensitive personal information where applicable. We do not “sell” personal information or “share” it for cross-context behavioral advertising as those terms are defined by California law. We will not discriminate against you for exercising your rights. You may submit requests using the contact information below; we will verify your identity as required by law and may request additional information for that purpose. You may designate an authorized agent to make a request on your behalf, subject to verification.
22. EU/EEA/UK Notice (GDPR)
If you are in the EU/EEA/UK, OpalKadia is a controller for processing personal data collected via the Site. The legal bases for processing may include your consent, performance of a contract or pre-contractual steps at your request, compliance with legal obligations, and our legitimate interests in operating and improving the Site, securing our services, and communicating with you. You may have rights under applicable law to request access, rectification, erasure, restriction, objection, and data portability, and to withdraw consent at any time without affecting the lawfulness of processing based on consent before withdrawal. You also have the right to lodge a complaint with a supervisory authority. We rely on appropriate safeguards for transfers outside the EEA/UK, such as Standard Contractual Clauses where appropriate.
23. Third-Party Websites and Services
When you access third-party websites or services through links or integrations on the Site, their terms and privacy policies apply. We are not responsible for third-party practices.
24. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. Material changes will be indicated by an updated “Last Modified” date. Your continued use of the Site following the posting of changes constitutes acceptance of those changes.
25. Contact
For privacy or legal inquiries, or to exercise rights, contact:
OpalKadia Kapital LLC – Legal/Privacy
8301 State Line Rd, Suite GB
Kansas City, MO 64114
Email: privacy@austinmoss.com and legal@austinmoss.com
Copyright and Trademark Notice. © 2025 OpalKadia Kapital LLC. All rights reserved. “Austin Moss” and “The Austin Moss Show™” are trademarks or service marks of their respective owner and may not be used without prior written permission.
By using AustinMoss.com, you agree to the terms outlined in this Privacy Policy.
